[Adopted 11-26-2019 by L.L. No. 35-2019]
As used in this article, the following terms shall have the
meanings indicated:
MOTOR VEHICLE
Every vehicle operated or driven upon a public highway which
is propelled by any power other than muscular power, except a) electrically
driven mobility assistance devices operated or driven by a person
with a disability; a-1) electric personal assistive mobility devices
operated outside a city with a population of 1,000,000 or more; b)
vehicles which run only upon rails or tracks; c) snowmobiles as defined
in Article 47 of the New York Vehicle and Traffic Law; and d) all-terrain
vehicles as defined in Article 48-B of the New York Vehicle and Traffic
Law.
OWNER
A person, other than a lien holder, having the property in
or title to a vehicle or vessel. The term includes a person entitled
to the use and possession of a vehicle or vessel subject to a security
interest in another person and also includes any lessee or bailee
of a motor vehicle or vessel having the exclusive use thereof, under
a lease or otherwise, for a period greater than 30 days.
VEHICLE
Every device in, upon, or by which any person or property
is or may be transported or drawn upon a highway, except devices moved
by human power or used exclusively upon stationary rails or tracks.
[Amended 12-15-2020 by L.L. No. 1-2021]
In any school district in which school bus safety cameras are
installed and operated pursuant to § 1174-a of the New York
Vehicle and Traffic Law, the owner of a motor vehicle, upon issuance
of a simplified traffic information by a police officer, shall be
liable for a civil penalty of $250 if such vehicle was used or operated
with the permission of the owner, express or implied, in violation
of § 1174 of the New York Vehicle and Traffic Law and such
violation is evidenced by information obtained from a school bus safety
camera; provided, however, that no owner of a vehicle shall be liable
for a penalty imposed pursuant to this section where the operator
of such vehicle has been convicted of the underlying violation of
§ 1174 of the New York Vehicle and Traffic Law.
A certificate, sworn to or affirmed by a technician employed
by the County of Suffolk in which the charged violation occurred,
or facsimile thereof, based upon inspection of photographs, microphotographs,
videotape, or any other recorded images produced by a school bus photo
violation monitoring system, shall be prima facie evidence of the
facts contained therein. Any photographs, microphotographs, videotapes,
or other recorded images evidencing such a violation shall be available
for inspection in any proceeding to adjudicate the liability of such
violation.
[Amended 12-15-2020 by L.L. No. 1-2021]
Adjudication of the liability imposed upon owners by this article
shall be conducted by the County Traffic and Parking Violations Agency
or by the court having jurisdiction over traffic infractions where
the violation occurred.
If the owner of a vehicle liable for a violation of § 1174
of the New York Vehicle and Traffic Law pursuant to this article was
not the operator of the vehicle at the time of the violation, the
owner may maintain an action for indemnification against the operator.
The County Executive is hereby authorized and empowered to designate
the appropriate department or agency to prepare and submit an annual
report on or before June 1 of each year the program is in operation
in accordance with § 1174-a of the New York Vehicle and
Traffic Law of the results of the use of the school bus photo violation
monitoring system to the Governor, the temporary President of the
New York State Senate, the Speaker of the Assembly, each member of
the County Legislature, and the Clerk of the County Legislature.
This article shall apply to all actions in school districts
that have agreements with the County for any school year commencing
on or after September 1, 2020.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
This article shall take effect on January 1, 2020.
[Added 12-15-2020 by L.L. No. 1-2021; amended 3-16-2021 by L.L. No. 12-2021]
A. Funding for public safety and traffic safety will be distributed
using the following formula:
(1) Twenty percent of all funds received shall be used for a County-wide
program to educate drivers on the state laws associated with stopping
for school buses and to provide funding for traffic safety enforcement,
with a minimum of $100,000 allocated towards education which shall
include, but not be limited to, outreach to Suffolk County residents
through television, radio, newspaper and social media outlets.
(2) Fifty percent of all funds received shall be provided to the municipality
where the ticket is adjudicated for traffic-safety enforcement, with
a preference for enforcement which enhances pedestrian safety located
within school districts participating in the program. A minimum of
20% of all funding allocated pursuant to this subsection shall be
utilized for costs associated with crossing guards, traffic control
officers and other public safety positions.
B. Beginning in 2023, each municipality which receives funding pursuant to Subsection
A(2) of this section shall annually submit a written report on or before March 15 of each year to each member of the Legislature, the Clerk of the Legislature and the Comptroller detailing: the amount of revenue received from the County in association with the school bus photo violation monitoring program during the preceding twelve-month period, the amount of funding expended by the municipality during the preceding twelve-month period, and what the funds were utilized for. Any municipality which fails to submit a report by March 15 shall have their allocations for the following calendar year held by the Comptroller until such time as a report is filed.